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April, 2014 Articles

Health Care and Litigation Law360: Arbitrating Malpractice Claims: Support from California Case

Courts in California continue to rely on the equitable and third party beneficiary principles discussed in JSM Tuscany, LLC v. Superior Court[1] and Crowley Maritime Corp. v. Boston Old Colony Ins. Co.[2], as the basis for extending a contractual obligation to arbitrate to nonsignatories of an arbitration agreement. The Southern District of California’s decision in City of […]

Law360: A Settling Party’s Cross-Claim Shield in Bankruptcy Cases

California Code of Civil Procedure (“CCP”) Sections 877.6 and 877 create a procedure whereby a settling defendant can be insulated from claims of contribution and indemnity from non-settling codefendants. This arises in cases of joint tortfeasors, environmental or asbestos situations where one defendant wants to extricate itself and eliminate the risk of future cross claims […]